Ask a Lawyer - Archive

I was hurt on my job while doing maintenance on a farm equipment, we use a floor jack that fail. Three of my fingers where smashed as a result. I lost the tip (nail, fingertip, bone) of my middle finger on the right hand. Workmen's Comp is paying medical bills and I'm receiving a pay check. A co-worker called me yesterday to tell me that my boss its going to fire me a soon as [I] come back. What can I do if this happens, and if it happens how can i get the most benefit of this?

The answer to your question depends greatly on the state you live in. I am a licensed Texas attorney and can only advise as to how this situation would play out in Texas. State law in other states may vary widely. In Texas, if your employer subscribes to workers compensation insurance, then any other claim you may have against your employer for any injury sustained in the course and scope of your employment is barred by law. Further, Texas is an at-will employment state, which means that your employer can fire you at any time, for any legal reason, or for no reason. There are a few exceptions, such as certain state and union employees who have statutory or contractual protections. However, one of the reasons that your employer cannot fire you in Texas is in retaliation for filing a workers compensation claim. If this is the case, you may have a retaliation case against your employer.